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(영문) 서울중앙지방법원 2015.05.27 2014고단10002
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 피고인은 2014. 10. 26. 06:50경 서울 동작구 C 1층에 있는 'D주점'에서, 피해자 E(23세), F(24세), G이 있는 테이블에 합석하여 술을 마시던 중 화장실에 다녀온 직후 갑자기 피해자 E의 말투가 기분 나빴다는 이유로, 오른 손에 위험한 물건인 소주병을 들고 피해자 E의 뒷통수 부위를 1회 때려 두피가 찢어져 피가 나는 등 피해자 E에게 치료일수 미상의 상해를 가하였다.

2. The Defendant assaulted the victim G (23 years of age) who tried to fight on the date, time, and place mentioned in paragraph (1) above, with the same background as mentioned in paragraph (1) above, when taking the face of the victim G (23 years of age) into the Defendant’s drinking and elbbow.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. The police statement of E and G;

1. Application of respective Acts and subordinate statutes to the victims;

1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object), and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (hereinafter referred to as "the suspension of execution") (the punishment of a fine shall be divided, the punishment of a fine shall be divided, the punishment of a fine shall be imposed once or more, the punishment of a fine shall be imposed, the punishment of a fine shall be

1. The non-guilty part of Article 62-2 of the Criminal Act

1. The summary of the facts charged is as follows: (a) the Defendant: (b) was fluoral disease, which is a dangerous object at the time and place as indicated in the judgment; (c) was fluoral disease, and (d) the victim F, who was in front of the back water part of E, was fluorted one time and back of the back water part of E, thereby causing an injury to the victim F, such as fluoral disease, which was fluored by fluoral f

2. The judgment of this Court.

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